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Sunrise Propane found guilty in massive 2008 Toronto explosion

The company breached nine environmental and worker safety regulations in the fatal 2008 explosion in Downsview.

Shay Ben-Moshe, a Sunrise Propane director, has been found guilty of numerous provincial-offences charges in relation to the 2008 explosion. (Steve Russell / Toronto Star) | Order this photo

Firefighters work at the scene of a propane explosion at Sunrise Propane in Toronto early Sunday Aug. 10, 2008. (Angela Deluce / THE CANADIAN PRESS)

Flames shoot up at the scene of a propane explosion at Sunrise Propane in Toronto as dawn breaks on Aug. 10, 2008. The devastating blast killed one man and forced thousands of people from their homes. (Canadian Press file photo / Angela Deluce)

Almost five years after a series of fireballs erupted into the early morning sky above Downsview, Sunrise Propane has been found guilty of breaching nine environmental and worker safety regulations.

The explosions killed a worker, led to the evacuation of an entire neighbourhood and caused millions of dollars in damage.

Two company managers, Shay Ben-Moshe and Valery Belshov, were also found guilty of failing to take proper safety measures before the explosion, which occurred during an illegal truck-to-truck propane transfer.

Sunrise Propane Energy Group Inc. faces a maximum penalty of $18 million, while Ben-Moshe and Belshov each face penalties of up to $550,000, not including a 25 per cent victim surcharge.

Sunrise was found not guilty of one additional count of breaching the Environmental Protection Act. No criminal charges were laid in relation to the disaster.

The explosions also shut down Highway 401 between Highways 400 and 404 and caused an estimated $25 million in damage.

Michael Viani was reading in bed when the first explosion caused his roof to collapse on him.

“Everything landed on my bed,” he said, including giant pieces of wood.

“I squeezed through the door and ran … I was wearing my slippers.”

The second blast knocked him to the pavement. It wasn’t until his friends told him his feet were red that he even realized he was bleeding.

He had to undergo three operations to remove the glass from his feet. It’s a miracle that’s all that had to be done, he said.

Environment Minister Jim Bradley said he was pleased the decision held the company and their directors accountable for their actions.

“The province is always prepared to go to court to defend the environment from those who would treat it irresponsibly and cause harm,” Bradley said. “Today’s ruling demonstrates this.”

Former Sunrise truck driver Felipe De Leon survived the blast and testified that he saw strange smoke or fog — later identified as propane vapour — during a truck-to-truck transfer just before the explosion.

An Ontario Fire Marshal’s report, completed two years later, said this kind of transfer was illegal.

“We were told to do truck-to-truck transfers. I had no idea it was illegal to do that,” De Leon said during the trial.

A class-action lawsuit on behalf of those living in the surrounding neighbourhoods claims the industry’s self-regulating body, the Technical Standards and Safety Authority (TSSA), was aware that truck-to-truck transfers of propane were occurring and failed to take action.

In Thursday’s decision, Justice Leslie Chapin agreed, writing that TSSA inspector Don Heyworth did not enforce an order instructing Sunrise to stop the truck-to-truck transfers after he learned they were still going on.

“We’re pleased with the verdict against Sunrise,” said lawyer Harven Pitch, who represents more than 2,000 people who have signed on to the class-action suit, which seeks $90 million in damages.

“We’re also pleased with the judge’s comments against TSSA,” he said, adding they’ll be “very helpful” in his case.

City Councillor Maria Augimeri said the decision proves that industry should not be allowed to regulate itself.

“People pay the cost when industry cuts corners,” she said in a statement.

“The province privatized community safety by allowing the TSSA to regulate this dangerous industry, and this is the result — a completely negligent act that was directly responsible for lives lost.”

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